Moline, Illinois

SEC. 7-2100. DOGS AND CATS RUNNING AT LARGE; IMPOUNDMENT.

(a)   No person shall permit any dog or cat to run at large or be at large within the City. Any dog or cat found running at large within the City is subject to apprehension and impound by the department and disposal as provided in Article III of this chapter.

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(c)   Any holder of an unaltered pet license who permits the unaltered animal to run at large or be at large is subject to revocation of said license.

SEC. 7-2109. NEUTERING OF DOGS AND CATS.

(a)   All dogs and cats must be neutered by the age of six (6) months or an unaltered pet license issued to the owner or keeper of an unaltered animal.

(b)   Any dog or cat in violation of subsection (a) shall be subject to impound by the department and disposal as provided in Article III of this chapter.

SEC. 7-3102. REDEMPTION; FEES.

(a)   Any animal impounded under the provisions of Sections 7-3100(3), (5), (7), (9), (10), (11), (16), (17), (18), (20), (21), (22) and (23) may be redeemed by its owner or keeper or authorized representative within five (5) days from the date of impoundment upon payment by such person to the community service section for the use of the City, the following fees:

(1)   A redemption fee of twenty-five dollars ($25.00).

(2)   The amount of the veterinarian’s current inoculation fee unless current inoculation is proven.

(3)   Ten dollars ($10.00) for each day that the animal has been impounded.

(4)   The license fee imposed by Section 7-2201 unless a valid City license or license from another jurisdiction is proven.

(5)   Any other costs as provided in this chapter.

No animal will be released pursuant to this section, unless payment of fees is received or proof established excusing payment.

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(c)   If an animal is impounded pursuant to Section 7-3100(17) for violation of Section 7-2109, the owner will be offered the option of paying the scheduled pound fees set forth in subsection (a) above or voluntarily neutering the animal within seven days. A deposit of forty-five dollars ($45.00) shall be made at the time of redemption. If proof of neutering (by way of veterinarian certification) is provided to the department within fourteen (14) days of the violation, then the underlying violation of Section 7-2109 shall not be filed as a complaint, or if previously filed, shall be dismissed by the city attorney or designee thereof and the deposit shall be returned.

SEC. 7-3104. ADOPTION.

(a)   Any animal placed for adoption under the provisions of this chapter may be adopted upon payment to the community service section, for the use of the City, the following fees:

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(3)   The amount of forty-five dollars ($45.00) for neuter/spay deposit;

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(b)   Any animal adopted under the provisions of subsection (a) shall be presented for neutering or spaying to a veterinarian within sixty (60) days of the date of adoption and proof of said neutering or spaying shall be presented to the community service section and upon presentation the deposit shall be returned to the adopting person.

ARTICLE IV. KENNELS AND PET SHOPS

SEC. 7-4100. LICENSE REQUIRED.

(a)   No person shall engage in business as a pet shop operator, kennel operator, animal shelter or any combination thereof, or otherwise engage in the business of buying, selling or dealing in animals, without first obtaining a license from the City issued to such person by the accounts and finance officer or his or her designee (“accounts and finance officer”).

(b)   Only a person who complies with all of this article’s requirements shall be entitled to receive or retain such a license. Licenses are not transferable from one person to another or from one premises to another. A valid license shall be posted in every licensed place of business pursuant to Section 7-4104 and shall expire April 30 of each year and shall be renewed before May 1 of each year.

SEC. 7-4101. LICENSE APPLICATION.

Any person desiring a license required by this article shall make written application therefore to the accounts and finance officer on forms provided by the accounts and finance officer, stating the name and residence of the applicant and the place at which the applicant intends or desires to carry on the business, giving the street location as well as a description of the premises.

SEC. 7-4102. LICENSE FEE.

Any person desiring a license required by this article shall pay a license fee of fifty dollars ($50.00) annually. Any person failing to obtain a license prior to engaging in business as a pet shop operator, kennel operator, animal shelter or any combination thereof, or otherwise engaging in the business of buying, selling or dealing in animals, shall be assessed two (2) times the applicable fee in addition to any other fine, penalty or cost assessed for violating this article.

SEC. 7-4103. INVESTIGATION OF PREMISES.

Upon the filing of an application for a license required by this article, the accounts and finance officer shall forward copies of same to the department and the land development manager or his or her designee for inspection of the premises for compliance with all relevant state and City health regulations and all City ordinances for compliance with this article and the City’s zoning ordinances. Upon receipt of compliance reports with said regulations and ordinances from the appropriate City officials, and upon receipt of the license fee, the accounts and finance officer shall issue a license to the applicant.

SEC. 7-4104. POSTING LICENSE ON PREMISES.

Any person receiving a license under the provisions of this article shall display said license conspicuously in the licensed premises.

SEC. 7-4105. INFORMATION ON DOGS AND CATS FOR SALE.

Every pet shop operator, kennel operator, animal shelter or any combination thereof, or any person otherwise engaged in the business of buying, selling or dealing in animals shall provide the following information for every dog or cat available for sale or offered as a gift or promotional consideration:

(1)   The age, sex, and weight of the dog or cat;

(2)   The dog or cat’s breed;

(3)   A record of the dog or cat’s vaccinations and veterinary care and treatment;

(4)   A record of the dog or cat’s surgical sterilization or lack of surgical sterilization, and if the dog or cat has not undergone surgical sterilization, information concerning the benefits to the dog or cat of such sterilization;

(5)   The name and address of the dog’s or cat’s breeder;

(6)   The name and address of any other person who owned or harbored the dog or cat between its birth and the point of sale.

SEC. 7-4107. ENFORCEMENT.

Any licensee or any licensee’s agent shall permit any community service officer or any peace officer or other City official free and unrestricted access to the licensed premises for the purposes of inspecting such premises. Inspections shall be performed as often as deemed necessary by the community service officer or any peace officer or other City official for the enforcement of this article. This section does not provide an exclusive enforcement scheme, and any and all other enforcement provisions set forth in this chapter may be utilized to enforce this article’s provisions.

SEC. 7-4108. LICENSE SUSPENSION/REVOCATION.

(a)    In general. The department may suspend or revoke any license granted hereunder if the operation of the licensed premises is found to be detrimental to the health or safety of the animals in the licensed premises or the public in general, is found to be noncompliant with state law or City ordinances, or if the licensee has been found to be guilty of violating any City ordinance or state law in the operation of the licensed premises. Said suspension or revocation shall occur after notice and an opportunity for hearing, as provided in this section.

(b)   License suspension. Licenses may be suspended temporarily by the department by notifying the licensee in writing that the license is, upon service of a notice, immediately suspended or that the suspension shall be effective on a specific future date, and that an opportunity for a hearing before the chief of police will be provided if a written request for a hearing is filed with the department.

(c)   Emergency license suspension. Notwithstanding any other provision of this article, if the department finds unsanitary or other conditions which, in the judgment of the department, constitutes a substantial hazard to the health and safety of animals on the licensed premises or to the public health and safety, the license may be immediately suspended without warning, notice, or hearing, but with written notice from the department following the immediate suspension as soon as is practicable, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken. The licensee shall cease operating the licensed business immediately upon suspension, but upon written application to the department, the license holder shall be afforded a hearing before the chief of police as soon as practicable.

(d)   Reinstatement of suspended license. Any person whose license has been suspended may, at any time, make application for a re-inspection for the purpose of license reinstatement. This application shall include a statement signed by the applicant that, in the applicant’s opinion, the conditions causing the license suspension have been corrected. The application shall also contain any necessary documentation required by the department to assure the licensee’s compliance with state law or City ordinances.

(e)   License revocation. For serious or repeated violations of any applicable state law or City ordinances, or for interference with a community service officer or peace officer or any other City official in the performance of any duties with respect to this article or any other provision of this chapter or other City ordinances, the license may be permanently revoked after an opportunity for a hearing before the chief of police has been provided to the licensee. Prior to revoking a license, the community service officer, peace officer or other City official shall notify the license holder in writing stating the reasons for which the license is subject to revocation and advising that the license shall be permanently revoked at the end of five (5) calendar days following service of such notice, unless a request for a hearing is filed with the health authority by the license holder within such five (5) calendar day period. A license may be suspended for cause pending its revocation or a hearing relative to license revocation.

(f)   Notice. A notice provided for in this article is properly served when it is delivered to the license holder or an agent of the license holder at the license holder’s premises, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the license holder.

(g)   Hearings. Hearings provided for in this article shall be conducted at a place and time designated by the chief of police or his or her designee and shall be open to the public and recorded by a tape recorder, stenographer or other reliable means. The chief of police may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, and live testimony. Based upon the record of the hearing, the chief of police shall make written findings and shall sustain, modify or rescind any license suspension or revocation notice or order considered in the hearing.

(h)   Appeal. Any person aggrieved by a decision of the chief of police may appeal to the circuit court under the provisions of the Illinois Administrative Review Law, 735 ILCS 5/3-101 et. seq., and amendments thereto.

SEC. 7-4109. PENALTY.

(a)   Fines. In addition to the license suspension and revocation procedures set forth in this article, any person violating the provisions of this article shall be fined not less than one hundred dollars ($100.00) plus court costs, and not more than seven hundred fifty dollars ($750.00) plus court costs.

(b)   Nuisance. Any person engaging in business as a pet shop operator, kennel operator, animal shelter or any combination thereof, or otherwise engaging in the business of buying, selling or dealing in animals, contrary to the provisions of this article or contrary to any applicable state law or City ordinances shall be guilty of creating a public nuisance, which, in addition to any other remedy available at law or in equity, may be abated by the City pursuant to the provisions set forth in Chapter 21 of the City Code.